Stevens County, in west-central Minnesota, hears its criminal cases at the courthouse on Colorado Avenue in Morris, the county seat. The Stevens County District Court is part of the Eighth Judicial District, which covers thirteen counties in the western part of the state. Felony and juvenile cases are prosecuted by the elected Stevens County Attorney, and misdemeanor offenses inside Morris and other cities are handled by city prosecutors. The Stevens County Sheriff's Office in Morris books people who are arrested, and anyone kept in custody is housed at the jail that serves Stevens County.
- Stevens County District Court (Eighth Judicial District), 400 Colorado Avenue, Morris, MN 56267, (320) 349-7010
- Stevens County Attorney's Office, felony, juvenile and township prosecutor, Morris
- Eighth District Public Defender's Office (State Board of Public Defense), serving Stevens County from its district office at 316 Becker Avenue SW, Suite 301, Willmar, MN 56201, (320) 231-6064
- Stevens County Sheriff's Office, 400 Colorado Avenue, Morris, MN 56267, (320) 208-6500
Which court hears your case. Every Stevens County criminal case, whether it is a petty misdemeanor, a misdemeanor, a gross misdemeanor or a felony, is filed in Stevens County District Court in Morris, because Minnesota does not use separate municipal courts. Instead of changing courts, the level of the offense changes who prosecutes and what hearings are held. Misdemeanors and gross misdemeanors from within a city, including Morris, Hancock and Chokio, are normally prosecuted by the city's attorney or a firm the city retains. If the offense took place in a township, the Stevens County Attorney prosecutes, and that office also brings every felony charge.
Where pretrial detainees are held. People arrested by the Sheriff, the Morris Police Department or the State Patrol are processed through the Sheriff's Office in Morris, and those who are not released are held at the jail that serves Stevens County until bail is posted, a judge orders release or the case ends. The Sheriff's Office at (320) 208-6500 can tell families which facility is holding a person and how bail can be posted.
- Misdemeanor (for example, theft, a first DWI, fifth-degree assault, trespassing)
- Felony (for example, burglary, felony theft, drug sale, second-degree assault)
- Violent felony (for example, murder, criminal sexual conduct, aggravated robbery)
- Juveniles (under 18) arrested in Stevens County
- Federal cases (U.S. District Court) from Stevens County
Misdemeanor (for example, theft, a first DWI, fifth-degree assault, trespassing)
In Stevens County, this category includes petty misdemeanors, misdemeanors and gross misdemeanors. Most of these cases begin with a citation and a court date in Morris rather than a jail stay.
Custody and first appearance
If an officer does make a custodial arrest, the person may be released after booking on scheduled bail or a signed promise to appear. Anyone kept in custody must be seen by an Eighth District judge within 36 hours, excluding the day of arrest, Sundays and legal holidays, and a warrantless arrest also requires a judge to find probable cause within 48 hours. Stevens County first appearances for people in custody are often held by video. The judge can release the person on recognizance or with conditions, and bail is generally set as a pair of amounts, the higher with no conditions and the lower requiring the defendant to follow them. Bail can be posted in cash or through a commercial bonding agent.
Hearings in Morris
A misdemeanor goes from arraignment to a pretrial conference, where most cases settle, and then to a plea or a trial before a judge or six jurors who must agree unanimously. Gross misdemeanors start with a Rule 5 appearance and include an omnibus hearing before a six-person jury trial. The Eighth District Public Defender's Office, managed from Willmar at (320) 231-6064, can be appointed at the first hearing for defendants who cannot afford a lawyer.
Stevens County penalties
- Petty misdemeanor in Stevens County: not a crime; only a fine of up to $300.
- Morris misdemeanor charge: up to 90 days in jail and a $1,000 fine, for theft of $500 or less, trespass or fifth-degree assault.
- Eighth District gross misdemeanor: up to 364 days and $3,000, for theft of $500 to $1,000 or fifth-degree assault with a recent prior.
- First DWI in Stevens County: fourth-degree DWI, a misdemeanor with up to 90 days and $1,000, becomes third-degree DWI, a gross misdemeanor with up to 364 days and $3,000, when one aggravating factor is present, such as a test of 0.16 or higher, a child under 16 in the vehicle or a test refusal. The administrative license revocation is handled apart from the criminal case, and ignition interlock, plate impoundment, vehicle forfeiture in aggravated cases and a chemical use assessment may be required.
First offenses often result in diversion, a continuance for dismissal, a stay of adjudication, probation or a fine. A typical case runs one to four months.
Felony (for example, burglary, felony theft, drug sale, second-degree assault)
The Stevens County Attorney charges felonies through a written complaint that a judge reviews for probable cause. Minnesota uses grand juries only for offenses punishable by life imprisonment.
Felony court steps in Stevens County
At the Rule 5 first appearance, the judge explains the charge, appoints the Eighth District Public Defender's Office for defendants who qualify and sets bail and conditions. The Rule 8 second appearance begins discovery. During the omnibus hearing, the defense can challenge probable cause and the legality of searches and statements. A settlement conference follows, and if the case is tried, a 12-person jury must reach a unanimous verdict. A speedy trial demand entitles the defendant to trial within 60 days. A presentence investigation by probation normally precedes sentencing.
Possible felony sentences in Morris
Stevens County judges sentence under the Minnesota Sentencing Guidelines, a grid that weighs offense severity against criminal history and yields a presumptive stayed sentence or prison term. Departures require substantial and compelling reasons.
- Felony theft in Stevens County: up to 5 years for more than $1,000, 10 years for more than $5,000 and 20 years for more than $35,000.
- Stevens County burglary: first-degree carries up to 20 years, second-degree up to 10 and third-degree up to 5.
- First-degree drug sale charged in Morris: up to 30 years.
- Second-degree assault in Stevens County: up to 7 years for an assault with a dangerous weapon; using a firearm brings a mandatory minimum.
Lower-level felonies regularly end in probation with local jail time or a stay of imposition, which converts the record to a misdemeanor once probation is completed. A prison sentence is usually served two-thirds in prison and one-third on supervised release. Expect four to twelve months for a Stevens County felony.
Violent felony (for example, murder, criminal sexual conduct, aggravated robbery)
Violent felonies in Stevens County go through the same felony hearings, but judges tend to set high bail, and defendants who cannot post it can spend the whole case in custody at the jail serving Stevens County. First-degree murder requires an indictment by a grand jury.
- First-degree murder: life imprisonment, without parole for premeditated murder and some other forms, and with parole eligibility after 30 years otherwise. Minnesota abolished the death penalty in 1911.
- Second-degree murder: up to 40 years; third-degree murder: up to 25 years.
- First-degree criminal sexual conduct: up to 30 years, with a presumptive sentence of 144 months for a first offense.
- First-degree aggravated robbery: up to 20 years.
Victims have the right to notice, to attend hearings and to make a statement at sentencing under Minnesota Statutes chapter 611A. Defendants who qualify are represented by the Eighth District Public Defender's Office. Serious violent cases in Stevens County often take one to two years or longer to resolve.
Juveniles (under 18) arrested in Stevens County
Youth under 18 accused of offenses in Stevens County are handled by the juvenile division of the District Court in Morris. The Stevens County Attorney files the delinquency petition when a case goes forward, although diversion is commonly used for first offenses. A detained youth is generally held at the West Central Regional Juvenile Center in Moorhead, which serves Stevens County under a cooperative service agreement, and a judge must hold a detention hearing within 36 hours of the youth being taken into custody, excluding weekends and holidays.
Stevens County youth who qualify are represented by the Eighth District Public Defender's Office. Some 14- to 17-year-olds facing serious charges may be prosecuted as Extended Jurisdiction Juveniles (EJJ), receiving a juvenile disposition plus a stayed adult sentence. Youth 14 or older can be certified to adult court, and certification is presumed for 16- and 17-year-olds charged with offenses that carry a presumptive prison sentence or that involve a firearm. In Stevens County, 16- and 17-year-olds charged with first-degree murder face trial as adults. Juvenile records are generally confidential, though some felony records for youth 16 and older can be made public.
Federal cases (U.S. District Court) from Stevens County
Morris and the rest of Stevens County are part of the District of Minnesota's Division 6, so federal criminal cases from the county belong to the U.S. District Court at the Edward J. Devitt U.S. Courthouse and Federal Building, 118 S. Mill Street, Fergus Falls, MN 56537. If a Stevens County case is tried, the jurors are summoned for the Fergus Falls division and report there. Even so, a person's earliest federal hearings, the initial appearance and the detention hearing, are often conducted in Minneapolis or St. Paul. The Clerk of Court's main number is (612) 664-5000.
Federal jurisdiction depends on the law that was broken, not on who made the arrest. Agencies including the FBI, DEA, ATF, Homeland Security Investigations, U.S. Postal Inspectors and the IRS investigate crimes such as drug trafficking involving large quantities or interstate movement, firearms offenses like a felon possessing a gun, fraud schemes, child exploitation, bank robbery and immigration violations. Federal prosecutors can also adopt an arrest made by Morris police or the Stevens County Sheriff, and charges may be filed in both state and federal court for one incident.
The main participants:
- Prosecutor: U.S. Attorney's Office for the District of Minnesota, U.S. Courthouse, 300 S. 4th Street, Suite 600, Minneapolis, MN 55415, (612) 664-5600, with a St. Paul office at 316 N. Robert Street, Suite 404, St. Paul, MN 55101, (651) 848-1950.
- Defense: Office of the Federal Defender for the District of Minnesota, 107 U.S. Courthouse, 300 S. 4th Street, Minneapolis, MN 55415, (612) 664-5858; a CJA panel lawyer is appointed if that office has a conflict.
- Custody: U.S. Marshals Service, Minneapolis, (612) 664-5900; the Fergus Falls Marshals office is staffed only during terms of court.
A federal case starts with an arrest by agents or on a federal warrant or indictment, followed by an initial appearance before a U.S. magistrate judge. If prosecutors seek detention, the hearing typically happens within three court days, and the judge decides under the Bail Reform Act whether conditions monitored by U.S. Probation and Pretrial Services can assure appearance and safety; if not, the defendant is detained. Federal court does not work with bail bond agents, and money bail is rarely set. A complaint must be followed by an indictment within 30 days of arrest, or a preliminary hearing held. After arraignment, the Speedy Trial Act sets 70 days for trial, though continuances are frequent. Most cases end in a plea, and a trial jury of 12 must be unanimous. Sentencing comes around three months later, following a presentence report and the advisory Sentencing Guidelines, subject to any mandatory minimum. With no parole, at least about 85% of a sentence is served in the Bureau of Prisons even with good-conduct time, followed by supervised release; appeals go to the Eighth Circuit.
Because Stevens County already boards its own inmates elsewhere, families should expect that a federal detainee may be held far from Morris. The Marshals place pretrial detainees in contract county jails throughout Minnesota and sometimes out of state; the Minneapolis Marshals office can say where someone is, and the Bureau of Prisons inmate locator lists sentenced people. A federal case against a person under 18 is rare.
This summary of Stevens County criminal court procedure is meant as general information, not legal advice. Anyone facing a charge should consult a defense attorney or request a public defender at the first appearance; the Eighth District Public Defender's Office answers at (320) 231-6064 and the Morris courthouse at (320) 349-7010.